Protection of National Producers

In the Eurasian Economic Union (EAEU) the common system of trade remedies was created. It includes 3 types of measures:

1) Safeguard measure which is used in order to limit the increasing volume of imports to EAEU customs territory. It implies the imposition of import quota (quantitative limit) or special duty (including preliminary special duty).

2) Antidumping measure which is used in order to counteract the dumping imports to the customs territory of EAEU. It implies the imposition of antidumping duty (including preliminary duty) or the acceptance of new price policy of the exporter.

3) Countervailing measure counteract specific subsidies used by national authorities which allow exporters sell their products to EAEU customs territory at lower prices. Its mechanism implies imposition of countervailing duty (including preliminary countervailing duty) or acceptance of obligations by the responsible authority or by the exporter.

The rules of implementation of trade remedies are defined in Articles 48 and 49 of Treaty on Eurasian Economic Union and in the Annex 8 to the Treaty (Protocol of implementation of safeguard, antidumping and countervailing measures with respect to third parties).

According to the Article 48 of the Treaty the decision on imposition, modification or cancellation of trade remedies is made by Eurasian Economic Commission (EEC) after the investigation, which is conducted according to the Annex 8 of the Treaty. Such investigations are not conducted on national level. In the EAEU the EEC Department of Domestic Market Protection is responsible for the investigation and its results.

The Treaty provides an opportunity for the foreign legal persons to apply to the court of EAEU on disputes concerning the implementation of the Treaty, international agreements of EAEU, decisions of EAEU administrative bodies. As well it implies the disputes on trade remedies.

Safeguard, antidumping and countervailing duties are levied by the customs bodies in addition to the import duties defined in Unified Customs Tariff of Customs Union.

To get more information on the procedure of implementation of trade remedies or to file an application for the investigation please contact the Department of domestic market protection of EEC (the body responsible for investigations):